As the lame duck session of Congress continues, educational organizations are lobbying for legislation to protect undocumented Americans who arrived in the country at young ages, known as Dreamers.
Last week, a phalanx of nearly 70 higher ed groups, including the American Association of Colleges and Universities and the American Council on Education, sent a letter to Congressional leaders calling for a bipartisan agreement including a path to citizenship. This week, advocacy organizations are embarking on a week of action that includes a Nov. 29 social media storm, a Dec. 1 call-in day to representatives, and meetings among Dreamers, university leaders, and senators.
Dr. Miriam Feldblum, co-founder and executive director of the Presidents’ Alliance on Higher Education and Immigration
House Democratic leaders told their caucus that a bill to protect Dreamers would be a priority at a closed-door meeting last week. The framework is rumored to be a version of the DREAM Act, a bill that would provide certain undocumented individuals with a path to citizenship, versions of which have been proposed for over 20 years. It is not yet clear exactly what segments of Dreamers might be covered. The bill could cover: all Dreamers who arrived before a certain date and meet certain conditions; just participants in Deferred Action for Childhood Arrivals (DACA), the program that protected certain Dreamers who had arrived prior to June 2007 created by former President Barack Obama; or DACA recipients and those who might have qualified if not for the legal challenges against the program.
Any agreement on Dreamers likely would be attached to must-pass legislation such as the omnibus appropriations bill or the National Defense Authorization Act. In order to attract republican votes — ten are needed in the Senate to break a potential filibuster — democrats may have to include conservative priorities such as increased money for border security or tightened asylum rules. Senate Majority Whip Dick Durbin, (D-Ill.), said four or five republicans have indicated they would support a potential deal.
Feldblum believes that the conditions are right for a compromise. She said she thinks that democrats will be motivated because this is likely their last chance to protect Dreamers for at least two years. Republicans will control the House of Representatives come January, and prospective speaker Kevin McCarthy of California has already indicated his hostility to “amnesty.”
Democrats may also be motivated by recent challenges to DACA. A ruling this fall from the Fifth Circuit Court of Appeals affirmed that DACA is illegal, but the court decided to stay the ruling in acknowledgment of the program’s significance over the past decade. Another lower court case will consider the legality of a Biden administration rule to protect DACA and might reach the U.S. Supreme Court in the 2023-24 term. 
Michael Kagan, Joyce Mack Professor of Law at the University of Nevada, Las Vegas and director of the UNLV Immigration Clinic
